Official Journal of the European Union

(Case C-197/06) (Recognition of diplomas - Directive 89/48/EEC - Estate agent)

(2008/C 142/04)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicants: Confederatie van Immobiliën-Beroepen van België and Beroepsinstituut van Vastgoedmakelaars

Defendant: Willem Van Leuken

Re:

Request for a preliminary ruling — Rechtbank van koophandel, Hasselt — Interpretation of Articles 3 and 4 of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16) — Obligation on an estate agent established in one Member State and engaged in agency activities in another Member State to satisfy the conditions governing the exercise of that profession which are imposed by the legislation of that latter State in pursuance of the directive — Requirement imposed even in the case where there is a contract of collaboration between that estate agent and an estate agent who is authorised by that latter State

Operative part of the judgment

Articles 3 and 4 of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, preclude legislation of a Member State which makes the performance, on its territory, of activities such as those at issue in the main proceedings by a service provider established in another Member State, and in a situation such as that of the defendant in the main proceedings, subject to obtaining an authorisation the grant of which is conditional upon success in an aptitude test in law.

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(1) OJ C 165, 15.7.2006.